[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 254.
[Adopted 5-18-1992 by Ord. No. 3-92 (Ch.
10, Part 3, of the 1996 Code)]
A.
The owner, or person having custody or control, of
petroleum or chemicals, and the common carrier of such substances,
including a pipeline carrying same, shall be liable to the Borough
of Jersey Shore for all costs incurred for the control, extinguishment,
and cleanup of petroleum type or chemical type spills, emissions or
fires involving chemicals or petroleum products in the Borough of
Jersey Shore.
B.
The cost for special equipment and/or materials shall
include, but not be limited to, the following:
C.
The cost of labor shall be the actual wage rates,
including fringe benefits, paid by the Borough to all personnel involved
in the control, extinguishment and/or cleanup of petroleum type or
chemical type spills, emissions, or fires involving said chemicals
or petroleum products.
The owner, or person having custody or control,
of any petroleum or chemicals and the common carrier of said petroleum
or chemicals, including any pipeline, as aforesaid, shall also be
liable for the cost of any temporary storage of chemicals or petroleum
materials and the cost of disposing of the same.
A.
Invoices for the amount of the above-described costs
shall be forwarded by the Emergency Management Coordinator or the
Fire Chief to the Finance Chairperson and Personnel Chairperson, who
shall bill the above-described liable party. If payment is not made
in full within 30 days from the date of mailing of said bill, the
Chairpersons of Finance and Personnel shall turn the matter over to
the Borough Solicitor for collection and litigation, as is necessary.
B.
The Borough Solicitor is hereby authorized to take
such action as may be necessary, on behalf of the Borough of Jersey
Shore, to recover all reasonable costs expended for such equipment,
material, labor, storage, and disposal resulting from the petroleum
type or chemical type spill or fire.
[Amended 5-6-1996 by Ord. No. 4-96]
Any party failing to pay the said invoice submitted
to them by the Borough of Jersey Shore within 30 days, shall upon
conviction thereof, be sentenced to pay a fine of not less than $100
or more than $1,000, or the maximum provided by state law, plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
of not more than 30 days.
The Borough shall have the right to proceed
against any responsible parties through civil process, criminal process,
or both. Imposition of penalties arising out of criminal proceedings
shall not relieve any responsible party from civil liability to the
Borough, as provided herein.
